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Dubai, UAE

Possible punishment in a complaint for bounced cheques

My husband is an investor and I am a housewife in the UAE. My situation is that my husband had attempted to buy several properties in Dubai on my name.

However, over the past months, he has been seriously ill and hospitalized multiple times.

Eventually, the MOUs of these properties expired before we were able to take ownership transfer, and the sellers placed the 10% deposit cheques in their accounts.

These cheques bounced because my husband was unable to arrange the 10% deposit amounts in time due to his illness.

Now, these sellers are making a police complaint against my husband and are threatening to put him jail.

They have been unwilling to show any mercy despite his medical records, and the doctor’s official recommendation that my husband should rest for a month.

Please note that our MOU was a basic one, and had no clause that excuses ill health.

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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24 Mar 2019, 19:53

Dear Questioner,

It is advisable to try to settle with the sellers to gain more time so that your husband can recover, but if the sellers refuse to settle, the contract must be considered well.

Yes, your words are correct. You will not find a clause in the contract relating to the illness, but it is possible that there will be legal points such as things beyond the will of the contractors.

This will also help to end the issues of cheques with fines only. Also, it is necessary to know how much your husband has already paid for these properties, this will also help.

Mohamed Gadalla

0509533170

24 Mar 2019, 20:57

The sellers have refused to settle. So,

1) The bounced cheques are each under AED 60,000.

2) Does this mean that my husband can simply pay the fine at the police station and not have to go to jail?

3) Even though the MOU does not say anything about "things beyond the will of the contractors", will it help my husband in the court or police station due to his ill health?

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